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CIRCULAR No.5/1998/TT-BTM OF MARCH 18, 1998 GUIDING THE IMPLEMENTATION OF DECISION No.55/QD-TTg OF MARCH 3, 1998 OF THE PRIME MINISTER ON THE APPROVAL OF THE LIST OF EXPORT GOODS THAT REQUIRE IMPORT-EXPORT BUSINESS PERMITS

Pursuant to Decision No.11/1998/QD-TTg of January 23, 1998 of the Prime Minister on the 1998 import-export management mechanism;

Pursuant to Decision No.55/1998QD-TTg of March 3, 1998 of the Prime Minister on the approval of the list of export goods that require import-export business permits.

The Ministry of Trade hereby provides the following guidance on the export of goods that do not require import-export business permits granted by the Ministry of Trade:

I. SUBJECTS OF REGULATION

The export of goods items that do not need import-export business permits under this Circular shall apply to enterprises of all economic sectors and cooperatives established under Vietnamese laws, excluding foreign-invested enterprises.

II. GOODS ITEMS THAT ARE ALLOWED TO BE EXPORTED WITHOUT IMPORT-EXPORT BUSINESS PERMITS; PROCEDURES FOR EXPORTING THESE GOODS ITEMS

1. Enterprises shall be entitled to export all the goods items outside the list in Appendix 1 and Appendix 2 enclosed herewith according to their business registration certificates. The export procedures shall be processed at the customs agency.

2. Particularly for goods items listed below, in addition to the business registration certificate, the specialized management agency's permission for the export of such goods or the competent State agency's document on the export quota or norm allocation shall be produced when filling the procedures for exporting such goods items:

2.1. Commercial minerals (the permission of the Ministry of Industry is required).

2.2. Breeding plants and forest animals (the permission of the Ministry of Agriculture and Rural Development is required); rare and precious aquatic products or breeding live aquatic products (the permission of the Ministry of Aquatic Resource is required).

2.3. Cultural publications and fine art works under the State management, cinematographic works and recorded video tapes (the permission of the Ministry of culture and Information is required).

The specific lists of the goods items defined in 2.1, 2.2 and 2.3 above shall comply with Decree No.89-CP of December 15, 1995 of the Government.

2.4. Garment and textile products to be exported into the EU market, Canada, Norway and Turkey (the Trade Ministry's document on the export quota allocation is required and the 1998 export quotas shall be allocated only to enterprises that invested in building garment and textile plants before 1998).

2.5. Fine art handicrafts made of wood from natural forests in the country (the norm allocation document of the concerned ministry, the province or city directly under the Central Government is required).

III. GOODS BANNED FROM EXPORT AND EXPORT GOODS THAT NEED IMPORT-EXPORT BUSINESS PERMITS

Goods banned from export and export goods that need import-export business permits granted by the Ministry of Trade for appropriate goods categories and some provisions on export procedures are included in Appendix 1 and Appendix 2 enclosed with this Circular.

IV. IMPLEMENTATION PROVISION

This Circular takes effect from March 18, 1998. All previous stipulations of the Ministry of Trade which are contrary to this Circular are hereby annulled.

For the Minister of Trade

Vice Minister

MAI VAN DAU

APPENDIX 1

DETAILED LIST OF GOODS THAT REQUIRE IMPORT-EXPORT BUSINESS PERMITS FOR APPROPRIATE GOODS CATEGORIES

(issued together with Circular No.5/1998/TT-BTM of March 18, 1998 of the Ministry of Trade)

THIS LIST HAS BEEN MADE ON THE BASIS OF VIETNAM'S LIST OF IMPORTS AND EXPORTS ISSUED BY THE GENERAL DEPARTMENT OF STATISTICS IN DECISION No.324/TCTK-QD OF DECEMBER 26, 1995

1. Rice, specifically the commodity groups of Headings from No.1006.10 to No.1006.40 in Chapter 10.

2. Explosives and inflammables, specifically the commodity groups of Headings from No.3601.00 to No.3604 and No.3606 in Chapter 36.

3. Books and newspapers, specifically the commodity groups of Headings No.4901 and No.4902 in Chapter 49.

Note: The two headings above do not include catalogues and publications advertising goods of enterprises.

4. Pearls, gems, precious metals and jewelry objects, specifically the commodity groups of Headings from No.7101 to No.7116 and No.7118.

5. Art works, collected objects and antiques, specifically the commodity groups of Headings from No.9701 to No.9706 in Chapter 97.

Note: Headings No.9701 and No.9703 do not include reproductions or artistic or ordinary decorative works which are mass-produced for commercial purposes. for example: wood pictures, wood mosaics, pectures made of rattan, bamboo, flowers, leaves..., wood statues, terra-cotta statues, Dong Ho folk paintings, painting reproductions printed on postcards, etc., which are mass-produced for commercial purpose.

APPENDIX 2

LIST OF GOODS BANNED FROM EXPORT AND GOODS THAT REQUIRE IMPORT-EXPORT BUSINESS PERMITS WHEN BEING EXPORTED

(issued together with Circular No.5/1998/TT-BTM of March 18, 1998 of the Ministry of Trade)

GOODS PROVISIONS ON EXPORT

1. Weapons, explosives, military technical

equipment Banned from export

2. Antiques Banned from export

3. Narcotics of all types Banned from export

4. Toxic chemicals Banned from export

5. Logs, sawed timber, peeled timber,

firewood, charcoal made from wood,

wood products and forest products of

Group I.A on the list issued together

with Decree No. 18-HDBT of January

17, 1992 of the Council of Ministers,

refined boards processed from wood of

Group II.A on the list issued together

with Decree No. 18-HDBT of January

17, 1992 mentioned above, material

rattan Banned from export

6. Rare and precious wild animals,

natural plants Banned from export

7. Rice (specified in Appendix 1) Import-export business permits for appropriate goods categories granted by the Ministry of Trade are required together with the export quotas allocated by the competent agency(ies)

8. Explosives and inflammables (specified in Appendix 1) Import-export business certificates for appropriate goods categories are required together with the permission of the Ministry of Industry

9. Books and newspapers Import-export business permits for appropriated goods are required together with the permits granted by the Ministry of Culture and Information

10. Pearls, gems, precious metals (specified in Appendix 1) Import-export business permits for appropriate goods categories are required together with the permit granted by the State Bank of Vietnam. Particularly for permits for the export of gems, Circular No. 03/TM/CSTTTN of March 11, 1997 of the Ministry of Trade shall apply

11. Art works, collected objects, antiques (specified in Appendix 1) Import-export business permits for appropriate goods categories are required together with the permits granted by the Ministry of Culture and Information. Particularly for antiques, the approval of the Government is required.-